Topic:

Force Majeure and Frustration: an overview of the case law

Speaker:

Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright

Venue:

Recorded at the Sydney office of Norton Rose Fulbright

In this age of Covid-19 many contractors are scrutinising their contracts to identify a provision affording them relief from obligations which have become impossible to perform or where the contracts containing those obligations have become uneconomic because of the impact of the virus. Routinely, a force majeure clause will be invoked to meet the challenge.

Whether such a clause is effective to afford relief to a contractor in any given situation turns upon the proper construction of the clause in its application to the event or events which have occurred. This process of construction is governed by the principles of Australian law relating to the construction of contracts generally. This seminar reviews those principles.

To obtain a copy of Jeffrey Goldberger’s paper, please contact memberservices@cla.org.au